Can Public Schools Have Religious Clubs? A First Amendment Analysis

Many students and parents wonder if religious clubs are allowed in public schools. The short answer is yes — but with some important rules that schools must follow.

What makes public schools different?

Public schools, as government institutions, must follow the First Amendment’s requirements regarding religion. Unlike private schools, they are bound by constitutional rules that govern how religious activities can take place on campus. Private schools don’t have to follow these same rules because they are not part of the government.

The First Amendment’s religion clauses create two key obligations for public schools:

• Under the establishment clause, schools cannot promote or establish any religion.
• Under the free exercise clause, they must protect students’ rights to practice their faith.

This means schools must maintain a careful balance: neither endorsing religion nor preventing students from expressing their beliefs.

Are religious clubs allowed in public schools?

Religious clubs are permitted in public schools under specific conditions.

These clubs must be student-initiated and student-led, with school staff present only for safety supervision. Participation must be voluntary, and meetings can only occur during noninstructional times like lunch or before and after school.

Schools must give religious clubs the same access to facilities and resources as other student groups, while avoiding any endorsement of the clubs’ religious messages. Schools retain the right to enforce behavioral and safety rules that apply equally to all clubs, including the authority to restrict activities that substantially disrupt education.

The Equal Access Act: An important law

The Equal Access Act of 1984 requires that if a public high school allows any noneducational clubs, it must also allow religious, political and philosophical clubs to meet. The law:

• Applies to secondary schools as designated by state law (usually middle and high schools). Elementary schools can decide whether to allow religious clubs but must treat all clubs equally if they do.
• Requires schools to treat all student clubs equally.
• Protects students’ rights to form religious clubs.
• Makes it illegal for schools to discriminate against clubs based on their religious, political or philosophical views.

Real-life examples

Courts have dealt with many cases about religious clubs in schools. Here are some examples of what’s allowed and what isn’t.

What’s allowed:

• A Christian Bible study group won the right to meet at school in Board of Education of Westside Community Schools v. Mergens (1990), establishing students’ right to form religious clubs.
• The Good News Club, a Christian organization, won the right to hold after-school meetings in Good News Club v. Milford Central School (2001), when a New York school denied them access to facilities.
• Students praying together during their free time.
• In Kennedy v. Bremerton School District (2022), the U.S. Supreme Court ruled that a public school football coach could pray quietly on the field after games.
• In 2016, the Satanic Temple established its first After School Satan Club at Centennial Elementary in Washington state, after officials acknowledged the Equal Access Act required them to permit the club since other religious groups like the Good News Club were allowed to meet.

Students may share their faith during noninstructional time, such as lunch periods or before or after school. While clubs can advertise their meetings and invite others to attend, they cannot engage in aggressive recruitment or disruptive proselytizing. For example, a Jewish Student Association could perform Hanukkah songs in common areas during noninstructional time but couldn’t interrupt classes or pressure unwilling students to participate.

What’s not allowed:

• Teachers leading prayer or religious activities (Engel v. Vitale, 1962).
• The school promoting religious club events over other club events (Santa Fe Independent School District v. Doe, 2000).
• Required attendance at religious meetings (Lee v. Weisman, 1992).
• Using school time for religious instruction (School District of Abington Township, Pennsylvania v. Schempp, 1963).

The U.S. Department of Education guidelines clarify how schools should balance the establishment clause’s prohibition on government-sponsored religion with protected private religious expression. While schools cannot prescribe prayers or sponsor religious activities, the First Amendment doesn't create “religion-free zones.” Private religious expression is protected like any other speech, allowing students to pray voluntarily and discuss religion with peers. Schools can regulate disruptive speech but must maintain neutrality among faiths. While teachers and officials cannot lead prayers or promote religious views in their official roles, the establishment clause doesn’t restrict their genuinely private religious expression unless it interferes with school operations. Schools may take reasonable steps to ensure staff don’t pressure students to participate in private prayer.

The bottom line on when are religious clubs allowed in public schools

Religious clubs are permitted in public schools under specific conditions. These clubs must be student-initiated and student-led, meeting only during non-instructional time. Schools must treat religious clubs the same way they treat other student clubs, while ensuring participation remains voluntary and that all school rules are followed.

Asma Uddin is a Freedom Forum fellow for religious freedom.